License audit
License Audit is a process for review of software licenses to use the scope and intensity of use. It is used to check whether the actual use of the licenses also corresponds to the contractually agreed use.
License audits can be agreed between the software manufacturer and the licensee in general terms and conditions. They can be event-related, i. In other words, if there are concrete indications of a license violation or if they take place regardless of the occasion, for example at certain time intervals. If there is already a certain probability of a copyright infringement , the author or rights holder can also be entitled to a legal claim for submission and inspection against the potential infringer according to § 101a UrhG .
Audits can be carried out by an interest group such as the BSA (Business Software Alliance) , neutral auditors or directly by the software manufacturer.
Audit contract clauses should contain the following points in order not to disadvantage the contractual partner of the user inappropriately ( § 307 BGB):
- Notice period
- Indication of the period of the examination
- Person or institution of the examiner
- Definition of examination rights
- Clear information about the consequences of over- or under-licensing
- Regulation of who bears the costs of the examination
- Agreement on the confidentiality of the results
- Regulation of liability for possible failures in exams
If an audit reveals a violation of copyright law , civil and criminal law consequences follow.
Web links
- Software audits: Protection against nasty surprises IT Zoom, June 29, 2017
Individual evidence
- ^ Matthias Petzold: License review, its purpose and its contractual and legal basis, Part 1 of the series on IT license management, May 17, 2011
- ↑ Timo Schutt: Admissibility of software audits , August 13, 2013